The Effect of IP Issues on Public Plant Breeding Programs.

In the past, IP protection for plant releases from public plant breeding programs was only sought if it facilitated the adoption of the new cultivar. As a result nearly all of the cultivars from pubic plant breeding programs were not protected. Today IP protection of plant cultivars is being used to 1) Gain visibility for the breeding program and recognition for the breeder’s contributions; 2) Generate revenues for re-investment in the breeding program; 3) Use variety protection as a marketing tool, which assures broader use of the released variety; and 4) Protect U.S. stakeholders against “unfair” foreign competition. IP protected plant cultivars effect germplasm sharing, cultivar evaluation trials, and release mechanisms. There are several ways in which public plant breeding programs can adapt to the new world of IP protected plant cultivars.